Loading...
HomeMy WebLinkAboutZBA-11/13/1969Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 11c;J~71 Telephone 765-R6~50 APPEAL BOARD MEMBER Robert T-/. Gillispie, Jr., Chairman Robert Bergen Charles Grison~% Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS November 13, 1969 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P;M~',. Thursday, November 13~ 1969, at the Town Office,. Main Road,~ Southold, New York. There were present: Messrs: Robert W. Gillispie,.' Jr., Chairman, Robert Bergen, Fred Hulse, Jr.~ Serge Doyen~ Absent: Charles Grigonis, Jr. PUBLIC'HEARING: Appeal~No. 1295 - 7:30'P.MJ (EjSjTd)~ upon application of' Lefferts' P. Edson, Executor of the Estate 0fKaspara E. Muider, 51755 Main Road, Southold, New York~ for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, for permission to set off lots with sufficient area. Location of property: southeast corner of Fleets Neck Road and Stillwater Avenue~ Fleetw.ood Cove Map No. 1263, Lots No. 13, 14,. & 15, Cutchogue, New York, Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit ahLesting to ~ Southold Town Board ~f Appeals -2- November 13, 1969 its publication in the official newspapera and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? LEFFERTS P. EDSON~ ATTORNEY: My name is Lefferts P. Edson, I appear on behalf of this application as the executor of the Estate of Kaspara E. Mulder. I-am asking your favorable consider- ation of this variance for the reasons stated in the applicatione THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (.There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? Avenue. JOHN BE~EE: My name is Fir, Beneke~ I live on Stillwater What is the object of dividing this Property? THE CHAIRMAN: The application states that no changes in the physical lay out of the property~ as it now exists and has existed prior to the Zoning Ordinance, wOUld take place. Mrl Edson is involved in selling the estate. The number of people who would want two (2) houses on one parcel of land is minimum. The reason he is requesting this variance to divide the property is to enable them to sell the'estate more quickly and efficiently. MR¥ BENEKE: The property has already been sold, it was auctioned. THE CHAIRMAk~: Subject to obtaining this variance,, right? MRj BENEKE: Yes~ that's right" The man that bought it happens to be in the construction business. What would prevent him from moving a lot of machinery in there and establishing an office? Could he.use the house on the back of the lot for an office? Are we entitled to get a copy of these proceedings to study? I would like to have this hearing post poneda so that I can familiarize myself with'the,reason for this application, and possibly'~protest it. THE CHAIRMAn: Well, the application is a public record. MR-,~ BERGEN: Agricultural. This pr.petty is zoned "A" Residential and MjR,' BENEKE: Yes,~ but look what they-did down the street. put a trailer in there. They Southold Town Boar~ ~f Appeals -3- N~' =~mber 13, 1969 THE CHAIRMAN: The present Zoning Ordinance states that each lot that is built upon must be 12,500 sq. ft. of area. Now~ men can pass laws, but we can not adapt them to meet all pre-existing conditions. This is a pre-existing situation,~ we have many of them in the T=~n. The reason for the Board of Appeals is to give intelligent consideration to reasonable applications. If this application were to be granted~ the Board,~ I feel would require that a condition be set~ stating that if any enlargement or changes in the outside dimensions of the easterly cottage were made~ it would have to be moved to conform with the present side yard requirements of the Ordinance. MR. BEREKE: If they are permiteed to divide this property and sell the lots seperately, could they put another dwelling on the back lot? THE CHAIRMAN: O~ no. That lot, if divided~ could have only'one dwelling. ~R.~BEI~ER~.: That is what I am afraid of. If they moved the house over and then sold a portion of it and some one put another~ house up. THE CHAIRMAN: Noa this could not be done. MR. BENEKE: Then why does he need a Variance? MR%' BERGEN: He is applying for this variance in order to get a clear deed. The Chairman read Article Xa Section 1000A, which states that no lot shall be sold~ divided, or set off in such a manner that either the portion~solda divided~ or set off, or the portion re- maining shall have an area and/or open spaces of less than that prescribed by this Ordinance for the district in which said lot is located. THE CHAIRMAN: In other words, he is required to have 12~500 sq. ft* of area in each lot, but has only 11~250 sq. ft. in one and 10~028 in the other. He would not have to come in here if the lots conformed to the present Ordinance. This is a recognition of an existing situation~ I don't think it would be right to deny this application. This is the best possible solution. MRj BENEKE: I don't see any reason for a variance. This man has 2 houses on 3 lots. THE CHAIRMAN: Oh~. no. That's where you are wrong. This property is consideredas one parcel. If this variance is granted now, this parcel could never be further divided. An office can not ~ Southold Town BoarW~'~f Appeals -4- ~November 13, 1969 be put up in a residential area. MRj EDSON: I think it should be clarified at this point~ that this is not an application for a change of zone. THE CHAIRMAN: Yes, that's right# this is not a change of zone~ this is relief for an estate~ MRj HULSE: You see, what we have now is 2 houses on 1 lot. MR~j BENEEE: 3 lots, he has 3 lots2 MR'. HULSE: He has one lot. Perhaps on the old map he had 3 lots~ but according to the present zoning this is considered one lot, on which he. has 2 houses and he wants to divide the property equally. THE CHAIRMAN: When was the division of this property originally set up? MR. EDSON: 1938~ before the zoning Ordinance. THE CHAIRMAN: Is there anyone else who would like to speak against this application? (There was no response.) THE CHAIRMAN: Are there any further questions concerning this application? MRS.' FLORENCE RABUANO: This property backs up to the creek. Could this be made into a marina? THE~: This would have to be considered in a seperate application. The popularity of the marina is sharply decreasing due to pollution and destruction of property values along the Shorelines This would be a marina in a residential area which is very unlikely. THE CHAIRMAN: Is there anyone else present who wishes to spe~k against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to set off' tots with insufficient area. Subject property has two dwellings on it Which were built prior to the Zoning Ordinance. The applicant would in effect be splitting the property in half. The size of the lots would be ~, Southold Town Boarder Appeals -5- "~ovember 134 1969 just under the minimum requirement presCribed by the Ordinance~ 11,250 sq. ft. of area and 104028 sq. ft. of area. The Board is in agreement with the reasoning of the applicant,~ that this is the best possible disposition of the situation, The Board finds that strict application of the Ordinance will produce practical difficulties or ~unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and 'in the same use district; and the variancewill notchange the character of the district and will observe the spirit of the Ordinance. On motion by Mr. Gillispie~ seconded by Mr. Bergena~ it was RESOLVED Lefferts P. Edson~ Executor of the Estate of Kaspara E. Mulder, '51755 Main.Road,. Southold4 New York4. be GRANTEDpermission to set off lots with insufficient area as applied for on property located at southeast corner of Fleets Neck Road and Stillwater Avenuea Fleetwood Cove Map No. 1263~ Lot No.~s 13~ 14~ & 154 Cutchogue~ New York~ subject tot he 'following condition: If any enlargement or changes are m~de in the outside dimensions of the easterly cottage, it will have to be moved to confcrm with~the present side yard requirements of the Ordinance. Vote of the Board: Ayes:-Mrl Gillispie~, biT. B.ergen~ Mr. Hulse4~ ~x~a Mr. Doyen. PUBLIC HEARInG: Appeal No~ 1296 - 7:40 PiMj (E~-S~T~)'4' upon application of Mr. & Mrs. Russell TuthilI, New Suffolk Avenue,, Mattituck~ New ¥orka for a ~ariance in aCCordance with the Zoning Ordinance~ ArtiCle III4, Section 303~. and ArticleX4 Section 1000A~ for permission toset off 16ts-with insufficient frontage. LocatiOn of property: north side of Center Street~ Mattituck, New York,~ bounded north by other land of applicant~ east by A. Buonanito & others~ south by Center Street~ west by Wilshusen & others, fee paid $5.00. The Chairman opened the h~aring by reading the application for a variance,, legal notice of hearing, affidavit attesting to its publicatio~ in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? % Southold Town Boar¢~-'bf Appeals -6- N~' ~%mber 13, 1969 ~4t~o' RUS~.?.T. TU~qTT.T.: T am Mr. Tuthill. THE CHAIRMAN: You have owned the property for 19 years,., is that correct? MR. TUTHII~: Yes~ that's right. It was 4 lots when Ibought it, a total of approximately 2 acres. I plan to made a minor sub- division of the lots~ but I don't have the 100 ft. frontage required on the 2 lots facing 'Center Street, M~j HULSE: The map gives the to~ area as 70~000 Sq. ft, THE CHAIRMAN: You still have to go to the Planning Board for approval of a minor subdiVision. The reason the application is here is for approval of reduced frontage. , THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? CTb~De was norrespense") After investiaation and inspection the Board finds that the applicant requests permission to set off lots with insufficient frontage. The applicant originally purchased the property as 4 lots 19 years ago. The Board finds that the applicant has no way of increasing the frontage on these lots under consideration. Both of these lots have substantially more than the minimum area required by the Ordinance. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessxry hardship; thehardship created is'unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. On motion by Mr. Bergen~ seconded by~lr. Hulse,. it was RESOLVED F~r" &~lrs. Russell Tuthtll~ New Suffol~ Avenue, Mattitucka New ¥orka be GRANTED permission to set off lots with insufficient frontage as applied for on property located on north side of Center Street~ Mattituck, New York~ Vote of the Board: Ayes:- Mr. Gillispie~ Mr' Bergen, Mr. Hulse~. ~I~%~x~X~3~Xl!~, Mr~ Doyen. ' ~Southold Town Board~f Appeals -7-~'N°vember 13, 1969 PUBLIC HEARING: Appeal No. 1297 - 7:50 P~M~' ~.'S.'T.'), upon application of Helmut Hass~ Beverly Road, Sonthold,~ New YOrk~ for a special exception in accordance with the Zoning Ordinance~ Article X~ Section 1007, Subsection (e)~ for permission to repair ~nd re-construct existing non-conf~rming building in excess of value. Location of property: south side of North Road Peconic, New York~ bounded north by North Road (CR27)i east by lend of Hubbard, South by lends of the County of Suffolk~ west by other lands Of the applicant. Fee paid $5.00. The Chairman opened the hearing by reading the application for a special exceptions, legal notice of hearing~ affidavit attesting to its publication in the official newSPaper~ and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? SAMUEL GLICKMAN,~ ESQ.: 'Yes~ my name is Samuel Glickman~. I am representing Fir. Hass on this 'appeal. This application is being made under 801 c as it applies. We are asking the Board to consider the following: (1) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) That the use will not prevent the orderly and reasonable use of permitted or ,legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; (3) That the safety, the health~ the welfares, the comforts the convenience or the order Of the Town Will not be adversely affected by the proposed use and its location; and (4) That ~he use will be in harmony with and promote the general purposes and intent of this Ordinance. Now the Board has undoubtedly made an inspection of the premises and I am sure will agree that it is a great improvement. THE CHAIRMAN: Yes it is an improvement. But ArticleVIII~ Section 801 c was not in the application' Article X, Section 1007~ Subsection (e) was sited in the application, which concerns itself with expansion of a "non-conforming" use. MR. GLICKMAN: Yes,~ I underStand that, but I believe that the Board must consider Section 801 c also. THE CHAIRMAN: Yes~ that's right~ in making a determination on any special exception we must consider the points contained in Section 801 c. MR%' GLICKMAN: Therefore~ I ask that they take these into Southold Town Boar~- ~f Appeals -8- vember 13, 1969 consideration and that they find some of which are applicable and some of which are not applicable. This expansion of a non conforming use which we are asking for will not be detrimental to ~any adjacent owner. THE CHAIRMAN: As we understand, it,, it is a changed non- conforming use. In other words a saw mill is slightly different from a carpentry shop. The o~d use was a saw mill. MR. GLICKMZN: We wish to continue as a saw mill as our application states, we are not looking for a carpentry shop. THE CHA~: Well, I don~t think there is too much difference. MR%' GLICKMAN: The granting of this application,, a special exception of a non conforming use will not hinder any Other use of the adj~acent property, since it is surrounded by other land of the applicant. THE CHAIRMAN: It has peculiar suitability of this district for the location of any said permissable use since this use has existed there .for many years. MR. GLIb: Yes, thatSs right and I am asking at this time that the application be granted. T~E CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to repair and re-construct existing non-conforming building in excess of value. The Board has inspected the premises and finds that the applicant has done an excellent job of cleaning up and improving them. The Board is in agreement with the reasoning of the applicant and grants him permission to use the property as described in Appendix "A" of the application. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary h~dship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. . Southold Town Boar~'~f Appeals -9-~ November 13~ 1969 On motion by~lr. Hulse, seconded by F~r. Bergen, it was RESOLVED Helmut Hass, 'Beverly Road, Southold, New York,~ be GRANTW~ permission to repair and re-construct existing non-conform- ing building in excess of value as applied for on property located on south side of North Road (CR27)~ Peconic, New YOrk. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1298 - 8:00 P.M~ (E%'S.T.)', upon application of Henry J. Smitha Robinson Road~ Peconica New York, for approval of access over private right-of-way in accordance with the State of New York Town Law, section 280A. Location of property: west side of Carroll Avenue and east side of Peconic Lane~ Peconic, New bounded north by L,I.R.R.'~ east by Carroll Avenuea south by Lindsay, Smith & others~ west by Peconic Lane. Fee paid $5.00. The Chairman opened the hearing by reading the application for approval of accessa legal notice of hearing,, affidavit attesting to its publication in the official newspapera and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? V~FFERTS P. EDSON~ ATTORNEY: I represent James and Ruth Hubbard who have applied for a building permit on this right-of- way which was denied on the grounds of lack of approved access. Everything else is in order, they have applied to the Farmers Home Owner Association in Riverhead for a mortgage, which they were informed will be granted subject to receiving approval of access. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (Therewas no response.) THE CHA~: Is there anyone present who wishes to speak against this application? (There was no response,) After investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way. The adjacent properties front on Town highways. Subject property fronts on right-of-way and will have no ingress or egress to either Peconic Lane or Carroll Avenue if this application is denied. In order for the owner of this lot to obtain a building permit~ he must have approval of access from the Board of Appeals. Southold Town Boarg ?f Appeals -lC~'_ November 13,1 1969 It is the opinio~ of the Board of Appeals that to deny this application would be to deny the owner the use of his land. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be Shared by all properties alike in the immediate vicinity of this property and in the same use' district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. On motion by the Cha~m~n,~ seconded by bit. D~yen~ it was ~.SOLVED Henry J. Smith,. Robinson Road, Peconic, New York, be GRANTED. approval of access over private right-of-way in accord~ ance with the State of New York Town Law, Section 280A as applied for on property located between west side of Carroll Avenue and east aide of Peconic Lane, Peconic,. New York, subj. ect to the right-of-way being improved to the approval of the Building Inspector. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis~ Doyen. PL~LICHEARING: Appeal No. 1299 - 8:15 PZM.~ (E.~S.T.'), Upon appliaation of ~Irene Ford, Sound Avenue,. Mattituck, New York, for a variance in accordance with the Zoning Ordinance~Article III, Section 303, and ~ticle X~ Section 100GA, for permission to set off lots with insufficient frontage. Location of property: south side of Sound Avenue, Mattituck, New York, bounded north by Sound Avenue, east by Walter L. Williams, south by Railroad, west by Agway Inc. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidaVit attesting to its publication in the official newspaper, and notice to the applicant. THE CHaIRMAn: Is there anyone present who wishes to speak for this application? WM-j WICKHAM,' ES~j: Yes,~ I would just like to correct one figure which you stated as 76.15 ft. frontage on Sound Avenue. It is 76.15ft. plus 7.78ft. m~king it 83.93 ft. frontage on the west and 83~92 f~. on the east, in other words the property is being split in half. M~. BERGEN: Oh, I see 83.93 ft. and 83.92 ft. would be the new division of the property. o. $outhold Town Boar~f Appeals -il- .... ~ovember 13, 1969 WM¥ WICKHAM,~ ESQ.~: I would like to point out as mentioned in the application that this is a rather odd situation in ~his area. Three small lots being zoned "A" Residential-Agricultural surrounded by Industrial and Co~m-~%erCial areas. We think that you should give consideration to the fact that is is not in a predominately resident- ial area. The reason for this request is purely an economic one, Miss Ford is not able to carry the burden of the whole parcel. She would like to sell off the easterly parcel to extinguish her mortgage and have her carrying charges lessened. She just cannot continue with the financial burden. And since the owner of the trailer is a relative of hers and would continue to live there,~ the request would cause no change in the neighborhood at all. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? (There was no response. ) THE CHA~: Is there anyone present who wishes to speak against this application? i(There was no response.) After investigation and inspection the Board finds that the applicant requests permission to set off lots with insufficient frontage. The Board is in agreement with the'reasoning of the applicant. It is a difficult area to zone properly. The request is for over-sized lots, not under-sized lots. The only variation as far as the Ordinance is concerned lies in slight reduction of front footage on Sound Avenue. This should not be taken to mean that the Board approves or disapproves of trailers. The Town Board has the jurisdiction overtrailers and decides whether or not to- renew permit periodically every 6 months. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship~ the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the =ariance will not change 'the character of the district and will observe the spirit of the Ordinance. On motion by Mr. Bergen,. seconded by Mr. Hulse~ it was RESOLVED Irene Ford~ Sound Avenue~ Mattituck~ N'ew York'~ be GRANTED permission to set off lots with insufficient frontage as applied for on property located on south side of Sound Avenue~ Mattituck~ New York. -- Southold Town Boa ~ of Appeals -1~'r November 13. 1969 ~PUBLIC HEAR-//q~: Appeal No. 1300 - 8:30 'PjM.~ CE.~SJT.)~ a rehearing on Appeal No. 1273; upon application of Richard and Marjory Mallory~ Fanning Road,. New Suffolk, New York, f~r a variance in accor~_~ce with the zoning. Ordinance,. Article III~ Section 300, Subsection 6, for ~ission to locate private detached garage in s ideyard area. Location of property: North side of Fanning Road~ New Suffol~ New York,. bounded north by George Tuthill~ east by J, Mlynerzyk & others~ south by Farni~'~ng Road, west by A. Tonacci. Fee paid $5.00o The Chairman opened the hearing by reading the application for a variance~ 19gal notice of hearing, affidavit attesting to its publication in the official newspaper~ and'notice to the appl icant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JOSEPH ERUPSKI.' ESQ.': Yes~ My name is Joseph Krupski. I am appearing for Richard & Marjory Mallory on this matter. This came to my attention and I took it up with Howard Terry and also with the Mallorys. It is unfortunate and there is a hardship situation which has presented itself, I don~t think anyone wanted to have it happen this way.~ but it has been done, The outside wall and the roof of the garage is almost completed. The .cement has been peured. I don't know 3ust how many yards, whatever it takes to do a slab 20' x 24'~ 6" think. MR. RICHARD MA?.?~)RY: 8 yards. JOSEPH KRUPSKI~]ESQ¥: On about June 1st of this year,'Firs. Mallory brought in a sketch whichFnc, Mallory had prepared and which she submitted to Mr. Terry, Some discussion was had and the permit was issued. THE ~: Do we have a copy of that sketch? It is not in this file. The copy of said sketch was.taken from the building permit file and presented tot he Chairman. JOSEPH ERUPSKI~, ESQ%~: My copy oft he sketch shows a 6 ft. sideyard from the property line. The'garage was-set 28 ft. from the ~existing house and with a 3 ft. setback to the rear from the front house line. Based on thata a permitwasissued, The Mallo=ys understood that the sketch was approved. Of course now.. I think there is something that I could add to .this. I told Mr. Terry that here after this. I think it would bewise to issue a permit to- gether with a sketch of what was approved. In not doingthisMr. Mallory assumed that the sketch which he submitted was approved ~ Southold Town Board ]-~f Appeals -13- ~November 13, 1969 and proceeded to build it ,as such~: until the Building Inspector came down and said it was not so. THE CHAIRMAN: On the applicant's hand sketch ............. MALLORY: That ~rrow was put there by the Building Inspector. THE CHAIRMAN: Yes, his initials are on it. This is what the Building Inspector issued. MRj MALLORY: But, that was not issued to me. MRj HULSE: Didn't you get a copy of the permit? MR.' MALLORY: The only thing I got was the permit~ there was no sketch with it. JOS.' ERUPSKI: I have a pezmit here~, but there is no sketch on it. THE CHA~: Well~ I don't think this makes any difference. JOS'.' KRUPSKI: Unfortunately., there was a misunderstanding which created a hardship. THE CHAIRMAN: When we were out there to inspect the property in July, the hearing was held on July 31st and it was denied~ now when we were out there to inspect the property before the hearing the applicant had already poured the floor in the garage. JOSj KRUPSKI: The applicant had no idea of jumping the gun or any thing of that sort. I think if the Building Inspector ha~ issued the permit with a sketch of what was approved~, it would have been done properly in the first place. Now.a Mr. Mallory has sDoben with the next door neighbors ~onight and they have no objections to the garage as it is. THE C~: Well~ let me read the action to you~ of the July 31st hearingl After investigation and inspection the Board Ein~s that the applicant requests permission to locate an accessory building in side yard area. The rear yard d~ee not slope upward enough to interfere with the proper location oft he proposed garage in the~ rear yard area as it was shown on the building permit application. This slight inclinition could be corrected by excavating into slope of rear yard about four feet and leveIing the property off. If this application were~'~to be granted it would bean imposition to the neighbors on the west, The Board feels that the owner has made an error in the location of the slab, any hardship created is self imposed. Southold Town Boar~'~f Appeals -14- ~November 13, 1969 The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate Vicinity of this property and in the same use district; and the variance will not observe the spirit of the Ordinance, and will change the character of the distr ict~ TMRREFORE,i IT,S RESOLVED Marjory'Mallory &An0., Fanning Road, New Euffolk~ New York, be DENIED permission to locate an accessory building in Side yard area on property located on north Side of Fanning Road, New Suffolk, New York. JOS: KRUPSKI: This slab cannot very well be pickedUP and moved~ it will have to be destroyed. This man is a working man he would have to go through the. expense of starting all over again. It ~s an unfortunate situation. No great harm or injury would be done to the neighborhood to leaveit as is. .This was caused by an error of procedure. Had the sketch ormap been issued witA the permit this would never have happened. This could happen again in the future. THE CHAIRMAN: This happens all the timea par'ticularlywith people who do their own work and also with,outside contractors who come into the Town and locate buildings carelessly or acurately. To grantthis would be to give a privelege which is denied to everyone else. The applicant has a very spacious and attractive lot, it is 160' in depth and 125' frontage. Even if all the people on the street joined together and said that he could put.the garage in the front yard, it would not enable us to reverse our decision, which I think was correctly made in the first place. JOS~ KRUPSKI: The application was made with good intent. It was not made at all to evade any zoning regulations. The thing is this is the concept the applicant~n~had and he applied to the zoning board for .that purpose. THE CHAIRMAN: We are not able to analize intent here. The Board~isebtrusted with the .job of seeing that the ~rdinance is observed. Inthis particular case it is obvious that this im a self-imposed hardship. Wehavemade other people mo~e buildings which did not conform. O JOS. KRUPSKI: This is not a situation where this is entirely the fault of the applicant. If it were something .which he assumed~ if he'interpreted the building cOde or regulations by himself or his contractor or builder assumed it, then I could see it. But I think there is a slight justification when you make an application and.................. Southold Town Boar~'~,Df Appeals -15- -~ ~v~mJoer 13~ 1969 THE CHAIRMAN: Well~, what about the hearing of July 31st? He has apparently done some work since then. MR~ MA?.TORY: No,, the only thing that has been done there is to brace, what I had done, so the wind woul~nst blow it over, THE CHAIRNAN: I know of no way that we can grant you permission to put it in -the Side. yard, It is forbidden to everyone else in the Town. Whether you misunderstood the Building Inspector is aside from the point. MR%' MA?.?ORY: I think I acted in good faith~ I came down for a permit like you are supposed to do ..... , THE CPEEIRMAN: Nobody said that you did not, That is not the question~ whether' or not you acted in good faith, MRj MAT~.ORY: ~bir Terry issued the permit~ he said to make sure it is 3 ft, from the property and even with the back of the house~ but he didn't specify the front of the garage or the back of-the garage to be even with the back of the house, THE CHAIRMAN: Nobody is permitted to build any type of structure within 3 ft. of the sideyard line. An accessory building can be 3 ft, from the property line in the rear yard area, The purpose of the Ordinance is to make sure that buildings are located uniformly. JOS.' KRUPSKI: The reason we have a zoning Board of Appeals is correct hardships and injustices. THE CHAIRMAN: A lot of people think that we can do what ever we want, We work under very strict laws laid down by the courto A self~imposed harship is not considered a hardship. JOS',~ KRUPSKI: This is a question of weighing equities, THE CHAIRMAN: No~ not to us, Financial hardship is not a reasonable ground for granting an appeal, THE CH~m~: Is there anyone else present who wishes to speak for or against this application? (There Was no response.) After investigation and inspection the Board finds that the applicant requests permission to locate private detached garage in side yard area, A previous appeal had ~een made and a hearing was held on July 31~ 1969 in which the appeal wasdenied, ~The applicant was sent a copy of the legal notice of hearing and a copy of the Southold Town Board ~ ~ Appeals -16- ~ Dvember 13, 1969 Board's action. On June 1,, 1969 the applicant applied fo~ a building permit on which the Building Inspector instructed him to locate the garage in the rear yard area. No one else in the Town is allowed to put a detached garage in the side yard area. The fact that the applicant misunderstood the Building Inspector is immaterial. The Board finds that the applicant has a self- imposed hardship and is unable to grant relief. The Board finds that strict application of the Ordinance will not produce practical difficulties or unnecessary:hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance would change the character of the neighborhood and would not observe the spirit of the Ordinance. On motion by Fir. Bergen, seconded by Mr. Doyene it was RESOLVED Richard and Marjory Mallory,. Fanning Road, New Suffolk, New York, be ~qIED permission to locate private detached garage in side yard area as applied for on property located at north side of Fanning Roada New Suffolks, New York. PUBLIC HEARING: Appeal No. 1301 - 8:45 upon application of James Kavanagh D/B/A Crescent Beach Motel~ Route 25, Greenport, New York, for a speci~al exception in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 10, for permission to re-locate existing off-premises directional sign on property of Emil Pupeckio Location of property: south side of North Road (CR27), Peconic~, New York~ bounded north by Not, Road (CR27)~ east by Mary Turner, south by Sidney Waxlera west bY Peconic Lane. Fee paid $5.00. The Chairman openedthe hearing.by reading the application for a special exception,~ legal notice of hearing~ affidavit attesting to its publication in the official newspapera and notice to the applicantl THE CHAIRRAN: Is there anyone 'present who wishes to speak for this application? JAMES KAVANAGH: I need a directional sign for my motel. I had a sign permit for one on the Old North Road but since that road was abandoned it is no longer useful to me. So I got permission for a new location and I would like to get a permit for it. Southold Town Board Appeals -17- November 13~ 1969 After investigation and inspection the Board f-'~nds that the applicant requests permission to re-locate ~existing off-premises d-~rectional sign. The applicant had a permit' for a sign located on the Old North Road which has become abandoned due to the new CR 27. The applicant wishes to re-locate his sign on CR 27 on the property of Emil Pupecki located on south side of CR27~ Peconico Applicant has letter of permission f~om the property owner. On motion by Mr. Gillispie,~ seconded by Mr. Hulse,, it was RESOLVED James Kavanagh D/B/A Crescent ~Beach Motel., Route 25~ Greenport, New York,, be GRANTED permission to re-locate existin,g off-premises directional sign on property of Emil Pupecki as applied for. Location of property: s%uth side, of North Road (~R27)~ Peconic,. New York, subject to the following conditions: 1. The sign shall be no larger than four feet by six feet. 2o The sign shall be located at least three fcct from ground levelo 3. The sign shall be located at least five feet from any property line. 4. The sign shall be subject to all subsequent changes in the Southold Town Build/ng Zone Ordinance~ as ~it applies to signs. 5. The sign Shall be granted for a period of one yeara renewable annually upon written application to the Bo~ird of Appeals. voee of the Board: Ayes:- Messrs: Gillispie, Bergen,, Hulse~ Doyene PUBLIC HEARING: Appeal No. 1302 - 9:00 P:'M~' (EjS.T~), a rehearing on Appeal No. 1292; upon application of Harry and Evelyn Mearns, Route 25~ 0rient~ New York, for approval of access to private road in accordance with the state of New York T~wn Law, Section 280Ao Location of property: private, right-of-way off no~th side of Route 25. Orient~ New York,, bounded north by land of applican~ east by Deidrick~ south by Hessa west by ,Brown & otherse Fee paid $5.00. The Chairman opened the hearing by reading the application for approval of access~ legal notice .of hearing~ affidavit attesting to its'publication in the official newspaper, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? BRADFORD N.' HESS: Yes,~ I am Mr. Hess. (referring to map) This is the existing right-of-way to which my lot will have a deed ~eidrick~s .R~O,W~) I was under the impression that the ~'~ Southold Town Boar~ f Appeals -18- ~ t~ovember 134 1969 right-of-way had to be immediately bordering on this line. I understand since that maybe this is not so. The piece of property between my line and Deidrick's R.O.W. is useless to anyone because it is too narrow, but he decided not to move it, so I have moved my lot over-8 ft. so that I will have access to the existing 16½ ft. R.O.W. into my lot. But it was my understanding that if I do this I would need a R.O.W. 100 ft. in length. (100ft. road frontage on his lot) THE CHAIRMAN: Without a variance from this Board they do require that, yes. But from the zoning standpoint I don't know of anything that would require himto improve that to 100 ft. It is a road to no-where. The only thing you are required to have, under the Town Law~ it is not a zoning law~ is a 16½ft. width. Will you have this 16½ ft. width? MR. HESS: Yes~ by moving my lot 8 ft. I will intercept both sides of the existing right-of-way. MR. DOYEN: O~t of cuiousity~ what was the objection of not making the right-of-way as previously approved? MR. HESS: Mr. Deidrick's two sisters~ who have part owner- ship in his landa felt that if they objected it would prohibit me from building another house down in there. They are afraid there will be too many houses. After investigation and inspection the Board..finds that the applicant requests permission for approval of access over private right-of-way in accordance with the State of New York Town Law, Section 280A. Previous appeal was made and approved at the last meeting subject to the approval of Mr. Deidrick on whose property the right-of-way was to be re-located. Since that time Mr. Deid~rick has decided that he does not wish to re-locate the right-of-way on his property as planned. 'The applicant now proposes to have a right-of-way 16½ ft. in width and 100 ft. in length running on his northerly property line. This proposed right-of-way will intercept the existing right-of-way (Deidrick's) on both sides, therefore the Board feelsthat i~ is not necessary to improve the right-of-way the entire 100 ft. length. The Board finds that strict application oft he Ordinance will produce practical difficulties or unnecessary hardship; the hardship creat'ed is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the district and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen~ it was RESOLVED Harry and Evelyn Mearns~ Route 25~ Orient, New York,. Southold Town Board~i~ Appeals -19- J November 13,, 1969 be GRANTED approval of access to private road in accordance with the' State of New York Town Law~ Section 280A as applied for on property located off north side of Route 25a Orienta New York. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulsea Doyen. PUBLIC HEARING: Appeal No. 1303 -- 9:15 P.'M, ~E~S.'T%)~ upon application of Richard Nagy.~ Narrow River Road~ Orient~ New York, for a variance in accordance with the Zoning Ordinance~ Article III~ Section 303, and ArticleX~ Section 1000A,, for permission to divide lot with less than 100 ft. frontage. Location of property: west side of Harbor Road~ Orient, New York~ bounded north by land of Nelson Douglass Estatea east by Harbor Road~, south by Harold Dadson, west by Orient Bay. Fee paid $5.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing~ affidavit attesting to its publication in the official newspaper~ and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD NAGY: I am Mr. Nagy. THE CHAIRMAN: As I understand it~ Mr. Dadson owns these 5 lots~ $~s 4aS~6,7m&8 on the original subdivisionmap of James Douglassa dated 1950. The areas of these lots are sufficient, but they are slightly undersized in respect to frontage. Lot $'s 7 & 8 are on the east side of Harbor Road and lot $'s & 6 are on the west side of Harbor Road~ Lot $'s 4¥~5~, & 6 are boundedas follows: N/Nelson Douglass Estatea E/ Harbor Road~ S/ Menengus~ W/ Orient Harbor. The lot which you propose to purchase has an existing dwelling and contains about 16~800sq. ft. of area. Someone else owns lot $~s 1~2~,&3 ? MR. NAGY: Yes~ that's right. They are all in seperate ownership now. Lot ~ 3~ which I referred to in my application had a house built on it 2 years ago. This lot is roughly the same aize as lot ~ 6 which I plan to purchase. THE CHAIRMAN: Where does lot ~ 6 get its water from? MR. NAGY: ,The well point is right in the cellarl MR. BOB DOUGLASS: I didn't come down here to approve or Southold Town Board~ Lf Appeals -20,~ November 12~, 1969 disapprove of this application. As you know~ I am developing the adjoining property to the north~ the Nelson Douglass Estate. I originally heard that Mr. Nagy had bought the whole piece~ lots 4aS~& 6~ so I came here tonight primarily to see what effect this would havea if granted~, on the surrounding properties. Principally belcause of the freshwater and drainage problems we are having there. I am now working on the Menengus houses lot $3~ on which I am still hauling in fill and top soil to try to raise it above water damage. They had to go before the Highway Dept. and get a special permit from the Supt. of Highways to run a line on the Town shoulder all the way from lot $3 around the corner and up to~ in front of A1 ¥oung~s property. They ~re getting their water from the corner of A1 Young~s property across the street on the shoulder. Their well point is now on Southold Town property. Mr. Nagy~s well point is now in his cellar~ but if the Board of Health were to check it he may have to move it. Soa this is Why I came here~ to see what effect this will have so I can apply it to my property. I think there may' be a fresh water and drainage problem on some of the lots in my subdivision. TH~CHAIRMAN: At first glance this seemed a reasonable application~ but consideringthewater aspects of ira the less desirbble it becomes. We were thinking of requiring a 100 ft. width here. Although it won't solve the water problem~, it will prevent him from selling the property as three lots. We would like to limit this parcel (lots 4aSa&6) to have only 2 residences built on it ~(the one existing and one future). The reason we disapprove of this is purely on account of the water problem. Lots 1.2~ $ 3 are all held in single and seperate ownership~ so we cannot do anything about them. But since lots 4~5a& 6 are owned by one person, we do have control over them and we feel that we have an obligation to the Town to deny this division as applied for. After investigation and inspection the Board finds that the applicant requests permission to divide lot with less than'100 ft. frontage. The Board finds that the general area has a very serious fresh water and drainage problem. Requiring the applicant to have 100 ft. frontage will not solve the water problem~ but it will help to control it. The Board finds that strict application ~f the Ordinance will not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance would change the character of the niighborhood an~would not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by. Mr. Hulse~ it was RESOLVED Richard Nagy, Narrow River Road, Orient, New York, be DENIED permission to divide lot with less than 100 ft. frontage as applied for on property located at west side of Harbor Road~. Orient~ New York. Vote of the Board: Ayes:- Messrs; Gillispiea Bergen,. Hulse~ Doyen. On motion by Mr. Bergen, seconded by Mr. Gillispie,. it was RESOLVED that the minutes of the Southold Town Board of Appeals- dated October 23, 1969, be approved as submitted. Voee of the Board: Ayes:- Messrs: Gillispie, Bergen,~ Hulse, Doyen. On motion by Mr. Gillispie~. seconded by Mr. Bergen~ it was RESOLVED that the Southold Town Board of Appeals set 7:30 P.F~' (EjS~T2)~ Thursday, December 11, 1969~ at the Town Office~ Main Road* Southold,. New York~ as the t/me and place of hearing upon application of Severius Lambrosa 24 Ellington Drive~ East Ncrthport~ New York~ for a variance in accordance with the Zoning Ordinance~ Article III~ Section 305, for permission to build new one family dwelling with reduced front yard setback. Location of property: north side. of Ruth Road~. Mattituck, New York, bounded north by Lots 189 & 190 of Capt. Kidd Estates, east by Basis, south by Ruth Road, west by J. Murphy. Vote of the Board: Ayes:-- Messrs: Gillispie~ Bergen~ Hulse. Doyen. On motion by Mr. Bergen~ seconded by Mro Hulsea it ~as RESOLVED that the Southold Town Board of Appeals set 7:45 P.M2 ~E.S%'T~), Thursday, December 11, 1969~ at the Town Office,~ Main Roa~,~ $outhol~,~ New York, as the time and place of hearing upon application of Leslie King, Mill Roa~, Mattituck., New York~ for a special exception in accordance with the Zoning Ordinance,. Article III, Section 300a Subsection 5 ~d),~ for permission to maintain stable on premises of other than the owner of the horses~ Southold Town Board,~,Appeals -22- ~ November 13~ 1969 part of property owned by Middle Main Associates. Location of property: north side of Main Roadk. Cutchoguea New York, bounded north by Railroad, east by H~'E. Tuthill - Hagen~ south by Main Roa~ west by WilliamWickhamEstate. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen.. Hulse. Doyen. On motion by Mr. Hulse,~, seconded by Mr. Gillispie~; it was ~SOLVED that the Southold Town Board of Appeals set 8:00 P.M~ ~S.'T*')~Thursday~ December 11. 1969~ at the Town Office~ Main Road~ Southolda New York. as the time and place of he~ing upon application of James E. Callahana Central Drive~ Mattitucka New York,~ for a variance in accord_~ce with the Zoning Ordinancea Article III. Section 307a for permission to construct addition to existing dwelling with reduced sideyard area. Location of property: north side of Central Drive~ Mattituck~ New York, Map of CaptainKidd Estates~ Lot % 91. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen= Hulse~ Doyen. On motion'byMr. Doyen~ seconded, by F~r. Hulse~, it was RESOLVED that the Southold Town Board of'Appeals set 8:15 P.F~ (E%'S~TJ)~ ThUrsday~ December 11~ 1969~ at the Town Office,~ Main Road~, SoUthold~ New York~ as the time and place of hearing~ upon application of Gruhill COnstruction Corp.~ 3356 Route 112~ Medford~ New York a/cEdward Dennis~ 228 West Rivera Drivea Lindenhurst. New Yorka for a variance in accora~_nce with the Zoning Ordinance~ Article III, Section 307& and Article III~ Section 305. ~or permission to build new one.family dwelling with insufficient sideyard area. Location of property: west side of Westview Drive~ Mattituck~ New York, bounded north by' J. Mollick~ east by Westview Drive~ south by JjF~ Hurley~ west by Mattituck Creek. Vote of the Board: Ayes:- Messrs: Gillispie~ Bergen~ Hulse~ Doyen. On motion by ~lr. Bergena seconded by Mr. Hulse~ it was RESOLVED that the $outhold Town Board of Appeals set 8:30 South©id Town Boardl..~ Appeals -23- November 13, 1969 PiMZ' (E,~S,T.), ~hursday~ December 11, 1969,~ at the Town Office, Main Road, SoUthold, New York~ as the time and place ofhearing upon application of Marcia E. Downs,. 1230 Watersedge Waya Southold, New York, for a special, exception in accordance with thezoning Ordinance, Article III, Section 300~ Subsection 5~),. for permission to use existing dwelling as two (2) family residence. Location of property: north side of Watersedge Way, Southold~ New York, bounded north by R.'S2' Soper, east by Gin Lane, south by Watersedge Way,~ west by Mason. Vote of the Board: Ayes: Messrs: Gillispie, Bergen,. Hulse~. Doyen. On motion by Mr. Bergen~ seconded by Mr. Hulse~ it was P~ESOLVED that the minutes of the $outhold T~Wn Board of Appeals dated October 23, 1969, be approved as submitted. Voee of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Deyeno On motion by Mr. Gillispie~ seconded by Mr. Hulse, it was RESOLVED that the next regular meeting of the Southold Town Board of Appeals will be held at 7:30 PjMj, Thursday~ December 11~ 1969, at the Town Office, MainRoad~ Southold~ New York. Vote of the Board: Ayes:- Messrs: Gillispie,. Bergen, Hulse, Doyen. The meeting was adjourned at 11:00 Respectfully submitted, ~ ~ ~.~e~.e 3 Seceetar. Bett~Nevii1 , ~ Southold Town Board of Appeals Robert W. GillisPie~'Jr.~, Chairman